Texas Government Code 54.1236 – Jurisdiction; Responsibility; Powers
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(a) The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts.
Terms Used In Texas Government Code 54.1236
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Summons: Another word for subpoena used by the criminal justice system.
- Swear: includes affirm. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(d) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(e) A magistrate is authorized to:
(1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2) conduct examining trials;
(3) determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4) issue search and arrest warrants;
(5) issue emergency protective orders;
(6) order emergency mental commitments; and
(7) conduct initial juvenile detention hearings if approved by the Juvenile Board of Comal County.
(f) With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(g) A magistrate may:
(1) issue notices of the setting of a case for a hearing;
(2) conduct hearings;
(3) compel production of evidence;
(4) hear evidence;
(5) issue summons for the appearance of witnesses;
(6) swear witnesses for hearings;
(7) regulate proceedings in a hearing; and
(8) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate’s jurisdiction and authority.